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26 March 2010
Issue: 7410 / Categories: Case law , Law digest
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Family

D v D [2010] EWHC 138 (Fam), [2010] All ER (D) 162 (Mar)

The “need principle” might have a large and informative and possibly determinative part to play in assessing a departure from equality, but an assessment applying the sharing principle in all the circumstances still had to be carried out. A departure from equality would generally not reduce an award below the amount of an award based on need.

When determining whether there should be a clean break, the points to be considered were: (a) the assessment of the risk that the lump sum or lump sums ordered could not be paid absent a sale of the shares or a liquidation of the company; (b) the assessment of the consequences of such a sale should that risk materialise; and (c) the assessment of the fairness of an award premised on a sale of the company at the present time. A true clean break based on a lump sum or two or more lump sums could not be achieved fairly, notwithstanding the advantages to both sides that would flow

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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